II 

112TH CONGRESS 

1ST SESSION S. 772 

To protect Federal employees and visitors, improve the security of Federal 

facilities and authorize and modernize the Federal Protective Service. 

IN THE SENATE OF THE UNITED STATES 

APRIL 8, 2011 

Mr. LIEBERMAN (for himself, Ms. COLLINS, and Mr. AKAKA) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To protect Federal employees and visitors, improve the security of Federal facilities and authorize and modernize 

the Federal Protective Service. 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Supporting Employee 

3 Competency and Updating Readiness Enhancements for 

4 Facilities Act of 2011’’ or the ‘‘SECURE Facilities Act 

5 of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; 

6 (B) the Committee on Appropriations of 

7 the Senate; 

8 (C) the Committee on Homeland Security 

9 of the House of Representatives; 

10 (D) the Committee on Transportation and 

11 Infrastructure of the House of Representatives; 

12 and 

13 (E) the Committee on Appropriations of 

14 the House of Representatives. 

15 (2) DIRECTOR.—The term ‘‘Director’’ means 

16 the Director of the Federal Protective Service. 

17 (3) FACILITY USED FOR ACTIVITIES COVERED

18 UNDER THE ATOMIC ENERGY ACT OF 1954.—The 

19 term ‘‘facility used for activities covered under the 

20 Atomic Energy Act of 1954’’ means— 

21 (A) the Albuquerque National Nuclear Se22 curity Administration Service Center; 

23 (B) the Brookhaven National Laboratory 

24 and Brookhaven Site Office; 


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1 (C) the Argonne National Laboratory, the 

2 Argonne Site Office and the Chicago Service 

3 Center; 

4 (D) the Department of Energy Office of 

5 Secure Transportation, and associated field lo6 cations; 

7 (E) the Idaho National Laboratory and the 

8 Idaho Site Office; 

9 (F) the Kansas City Plant and the Kansas 

10 City Site Office; 

11 (G) the Pittsburgh Naval Reactors Office, 

12 Bettis Atomic Power Laboratory, Idaho Naval 

13 Reactors Facility, and the Knolls Atomic Power 

14 Laboratory; 

15 (H) the Nevada Site Office and the Ne16 vada National Security Site; 

17 (I) the Los Alamos National Laboratory 

18 and the Los Alamos Site Office; 

19 (J) the Lawrence Livermore National Lab20 oratory and Lawrence Livermore Site Office; 

21 (K) the National Energy Technology Lab22 oratory; 

23 (L) the Oak Ridge National Laboratory, 

24 Department of Energy Oak Ridge Office, and 


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1 the Department of Energy East Tennessee 

2 Technology Park; 

3 (M) the Pantex Plant and Pantex Site Of4 fice; 

5 (N) the Portsmouth Gaseous Diffusion 

6 Plant and Paducah Gaseous Diffusion Plant; 

7 (O) the Richland Operations Office and 

8 Hanford Site; 

9 (P) the Sandia National Laboratories and 

10 Sandia Site Office; 

11 (Q) the Strategic Petroleum Reserve 

12 Project Office and the Strategic Petroleum Re13 serve Sites; 

14 (R) the Savannah River Plant and the De15 partment of Energy Office of Environmental 

16 Management’s Savannah River Site Office; 

17 (S) the Savannah River National Labora18 tory; 

19 (T) the National Nuclear Security Admin20 istration’s National Savannah River Site Office, 

21 the Tritium Extraction Facility and Mixed 

22 Oxide Fuel Fabrication Facility; 

23 (U) the Waste Isolation Pilot Plant; and 


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1 (V) the National Nuclear Security Admin2 istration’s Y–12 Site Office and the Y–12 Na3 tional Security Complex. 

4 (4) FEDERAL FACILITY.—The term ‘‘Federal 

5 facility’’— 

6 (A) means any building and grounds and 

7 all property located in or on that building and 

8 grounds, that are owned, occupied or secured by 

9 the Federal Government, including any agency, 

10 instrumentality or wholly owned or mixed-own11 ership corporation of the Federal Government; 

12 and 

13 (B) does not include— 

14 (i) any building, grounds, or property 

15 used for military activities; or 

16 (ii) any facility used for activities cov17 ered under the Atomic Energy Act of 1954 

18 (42 U.S.C. 2011 et seq.). 

19 (5) FEDERAL PROTECTIVE SERVICE OFFICER.— 

20 The term ‘‘Federal protective service officer’’— 

21 (A) has the meaning given under sections 

22 8331 and 8401 of title 5, United States Code; 

23 and 

24 (B) includes any other employee of the 

25 Federal Protective Service designated as a FedVerDate Mar 15 2010 03:28 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S772.IS S772

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1 eral protective service officer authorized to 

2 carry firearms and make arrests by the Sec3 retary. 

4 (6) QUALIFIED CONSULTANT.—The term 

5 ‘‘qualified consultant’’ means a non-Federal entity 

6 with experience in homeland security, infrastructure 

7 protection and physical security, Government work8 force issues, and Federal human capital policies. 

9 (7) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Homeland Security. 

11 SEC. 3. FEDERAL PROTECTIVE SERVICE. 

12 (a) IN GENERAL.—Title II of the Homeland Security 

13 Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding 

14 at the end the following: 

15 ‘‘Subtitle E—Federal Protective 

16 Service 

17 ‘‘SEC. 241. DEFINITIONS. 

18 ‘‘In this subtitle: 

19 ‘‘(1) AGENCY.—The term ‘agency’ means an 

20 executive agency. 

21 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘appropriate congressional com23 mittees’ means— 

24 ‘‘(A) the Committee on Homeland Security 

25 and Governmental Affairs of the Senate; 


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1 ‘‘(B) the Committee on Appropriations of 

2 the Senate; 

3 ‘‘(C) the Committee on Homeland Security 

4 of the House of Representatives; 

5 ‘‘(D) the Committee on Transportation 

6 and Infrastructure of the House of Representa7 tives; and 

8 ‘‘(E) the Committee on Appropriations of 

9 the House of Representatives. 

10 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

11 the Director of the Federal Protective Service. 

12 ‘‘(4) FACILITY SECURITY LEVEL.—The term 

13 ‘facility security level’— 

14 ‘‘(A) means a rating of each Federal facil15 ity based on the analysis of several facility fac16 tors that provides a basis for that facility’s 

17 attractiveness as a target and potential effects 

18 or consequences of a criminal or terrorist at19 tack, which then serves as a basis for the imple20 mentation of certain levels of security protec21 tion; and 

22 ‘‘(B) is determined by the Federal Protec23 tive Service, the United States Marshals Service 

24 under section 566 of title 28, United States 

25 Code, or another agency authorized to provide 


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1 all protective services for a facility under the 

2 provisions of section 263 and guided by Inter3 agency Security Committee standards. 

4 ‘‘(5) FACILITY USED FOR ACTIVITIES COVERED

5 UNDER THE ATOMIC ENERGY ACT OF 1954.—The 

6 term ‘facility used for activities covered under the 

7 Atomic Energy Act of 1954’ means— 

8 ‘‘(A) the Albuquerque National Nuclear 

9 Security Administration Service Center; 

10 ‘‘(B) the Brookhaven National Laboratory 

11 and Brookhaven Site Office; 

12 ‘‘(C) the Argonne National Laboratory, the 

13 Argonne Site Office and the Chicago Service 

14 Center; 

15 ‘‘(D) the Department of Energy Office of 

16 Secure Transportation, and associated field lo17 cations; 

18 ‘‘(E) the Idaho National Laboratory and 

19 the Idaho Site Office; 

20 ‘‘(F) the Kansas City Plant and the Kan21 sas City Site Office; 

22 ‘‘(G) the Pittsburgh Naval Reactors Office, 

23 Bettis Atomic Power Laboratory, Idaho Naval 

24 Reactors Facility, and the Knolls Atomic Power 

25 Laboratory; 


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1 ‘‘(H) the Nevada Site Office and the Ne2 vada National Security Site; 

3 ‘‘(I) the Los Alamos National Laboratory 

4 and the Los Alamos Site Office; 

5 ‘‘(J) the Lawrence Livermore National 

6 Laboratory and Lawrence Livermore Site Of7 fice; 

8 ‘‘(K) the National Energy Technology 

9 Laboratory; 

10 ‘‘(L) the Oak Ridge National Laboratory, 

11 Department of Energy Oak Ridge Office, and 

12 the Department of Energy East Tennessee 

13 Technology Park; 

14 ‘‘(M) the Pantex Plant and Pantex Site 

15 Office; 

16 ‘‘(N) the Portsmouth Gaseous Diffusion 

17 Plant and Paducah Gaseous Diffusion Plant; 

18 ‘‘(O) the Richland Operations Office and 

19 Hanford Site; 

20 ‘‘(P) the Sandia National Laboratories and 

21 Sandia Site Office; 

22 ‘‘(Q) the Strategic Petroleum Reserve 

23 Project Office and the Strategic Petroleum Re24 serve Sites; 


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1 ‘‘(R) the Savannah River Plant and the 

2 Department of Energy Office of Environmental 

3 Management’s Savannah River Site Office; 

4 ‘‘(S) the Savannah River National Labora5 tory; 

6 ‘‘(T) the National Nuclear Security Ad7 ministration’s National Savannah River Site 

8 Office, the Tritium Extraction Facility and 

9 Mixed Oxide Fuel Fabrication Facility; 

10 ‘‘(U) the Waste Isolation Pilot Plant; and 

11 ‘‘(V) the National Nuclear Security Ad12 ministration’s Y–12 Site Office and the Y–12 

13 National Security Complex. 

14 ‘‘(6) FEDERAL FACILITY.—The term ‘Federal 

15 facility’— 

16 ‘‘(A) means any building and grounds and 

17 all property located in or on that building and 

18 grounds, that are owned, occupied or secured by 

19 the Federal Government, including any agency, 

20 instrumentality or wholly owned or mixed-own21 ership corporation of the Federal Government; 

22 and 

23 ‘‘(B) does not include— 

24 ‘‘(i) any building, grounds, or prop25 erty used for military activities; or 


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1 ‘‘(ii) any facility used for activities 

2 covered under the Atomic Energy Act of 

3 1954 (42 U.S.C. 2011 et seq.). 

4 ‘‘(7) FEDERAL FACILITY PROTECTED BY THE

5 FEDERAL PROTECTIVE SERVICE.—The term ‘Federal 

6 facility protected by the Federal Protective Serv7 ice’— 

8 ‘‘(A) means those facilities owned or leased 

9 by the General Services Administration, and 

10 other facilities at the discretion of the Sec11 retary; and 

12 ‘‘(B) does not include any facility, or por13 tion thereof, which the United States Marshals 

14 Service is responsible for under section 566 of 

15 title 28, United States Code. 

16 ‘‘(8) FEDERAL PROTECTIVE SERVICE OFFI17 CER.—The term ‘Federal protective service offi18 cer’— 

19 ‘‘(A) has the meaning given under sections 

20 8331 and 8401 of title 5, United States Code; 

21 and 

22 ‘‘(B) includes any other employee of the 

23 Federal Protective Service designated as a Fed24 eral protective service officer authorized to 


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1 carry firearms and make arrests by the Sec2 retary. 

3 ‘‘(9) INFRASTRUCTURE SECURITY CANINE

4 TEAM.—The term ‘infrastructure security canine 

5 team’ means a certified canine and a Federal protec6 tive service officer that are trained to detect explo7 sives or other threats as defined by the Secretary. 

8 ‘‘(10) IN-SERVICE FIELD STAFF.—The term ‘in9 service field staff’ means Federal Protective Service 

10 law enforcement officers who, while working, are di11 rectly engaged on a daily basis protecting and en12 forcing law at Federal facilities, including police offi13 cers, inspectors, area commanders and special 

14 agents, and such other equivalent positions as des15 ignated by the Secretary. 

16 ‘‘(11) SECURITY ORGANIZATION.—The term 

17 ‘security organization’ means an agency or an inter18 nal agency component responsible for security at a 

19 specific Federal facility. 

20 ‘‘SEC. 242. ESTABLISHMENT. 

21 ‘‘(a) ESTABLISHMENT.—There is established the 

22 Federal Protective Service within the Department. 

23 ‘‘(b) MISSION.—The mission of the Federal Protec24 tive Service is to render Federal facilities protected by the 


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1 Federal Protective Service safe and secure for Federal em2 ployees, contract employees, officers, and visitors. 

3 ‘‘(c) DIRECTOR.—The head of the Federal Protective 

4 Service shall be the Director of the Federal Protective 

5 Service. The Director shall report to the Under Secretary 

6 for the National Protection and Programs Directorate. 

7 ‘‘(d) DUTIES AND POWERS OF THE DIRECTOR.— 

8 ‘‘(1) IN GENERAL.—Subject to the supervision 

9 and direction of the Secretary, the Director shall be 

10 responsible for the management and administration 

11 of the Federal Protective Service and the employees 

12 and programs of the Federal Protective Service. 

13 ‘‘(2) PROTECTION.—The Director shall secure 

14 Federal facilities which are protected by the Federal 

15 Protective Service, and safeguard all occupants, in16 cluding Federal employees, contract employees, offi17 cers, and visitors. 

18 ‘‘(3) ENFORCEMENT POLICY.—The Director 

19 shall establish and direct the policies of the Federal 

20 Protective Service, and advise the Under Secretary 

21 for the National Protection and Programs Direc22 torate on policy matters relating to the protection of 

23 Federal facilities. 

24 ‘‘(4) TRAINING.—The Director shall— 


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1 ‘‘(A) determine the minimum level of train2 ing or certification for— 

3 ‘‘(i) employees of the Federal Protec4 tive Service; and 

5 ‘‘(ii) armed contract security guards 

6 at Federal facilities protected by the Fed7 eral Protective Service; and 

8 ‘‘(B) provide training, to members of a Fa9 cility Security Committee that meets the stand10 ards established by the Interagency Security 

11 Committee. 

12 ‘‘(5) INVESTIGATIONS.—The Director shall en13 sure violations of any Federal law affecting the secu14 rity of Federal facilities protected by the Federal 

15 Protective Service are investigated and referred for 

16 prosecution as appropriate. 

17 ‘‘(6) INSPECTIONS.—The Director shall inspect 

18 Federal facilities protected by the Federal Protective 

19 Service for the purpose of determining compliance 

20 with Federal security standards and making appro21 priate risk mitigation recommendations. 

22 ‘‘(7) PERSONNEL.—The Director shall provide 

23 adequate numbers of trained personnel to ensure 

24 Federal security standards are met. 


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1 ‘‘(8) INFORMATION SHARING.—The Director 

2 shall provide crime prevention, threat awareness, 

3 and intelligence information to the Administrator of 

4 General Services and tenants of Federal facilities. 

5 The Director shall ensure effective coordination and 

6 liaison with other Federal law enforcement agencies 

7 and State and local law enforcement agencies. 

8 ‘‘(9) PATROL.—The Director shall ensure areas 

9 in and around Federal facilities protected by the 

10 Federal Protective Service are patrolled by Federal 

11 Protective Service officers. 

12 ‘‘(10) SECURITY ASSESSMENT.—The Director 

13 shall ensure a security risk assessment is conducted 

14 for each Federal facility protected by the Federal 

15 Protective Service on a recurring basis and in ac16 cordance with standards established by the Inter17 agency Security Committee. 

18 ‘‘(11) EMERGENCY PLAN ASSISTANCE.—The 

19 Director shall— 

20 ‘‘(A) ensure each Federal facility protected 

21 by the Federal Protective Service has adequate 

22 plans for emergency situations; 

23 ‘‘(B) provide technical assistance to agen24 cies that are the tenant of a Federal facility 

25 protected by the Federal Protective Service in 


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1 developing plans described in subparagraph (A); 

2 and 

3 ‘‘(C) ensure plans described in subpara4 graph (A) are exercised in accordance with 

5 standards established by the Interagency Secu6 rity Committee. 

7 ‘‘(12) SECURITY COUNTERMEASURES.—The Di8 rector shall ensure and supervise the effective de9 sign, procurement, installation, maintenance, and 

10 operation of security countermeasures (including 

11 armed contract guards, electronic physical security 

12 systems, and weapons and explosives screening de13 vices) for Federal facilities protected by the Federal 

14 Protective Service. 

15 ‘‘(13) SUITABILITY ADJUDICATION OF GUARDS

16 AND BUILDING SERVICE CONTRACTORS.—The Direc17 tor shall ensure that— 

18 ‘‘(A) background investigations are con19 ducted for contract guards and building service 

20 contractors; and 

21 ‘‘(B) each contract guard and building 

22 service contractor is suitable for work in a Fed23 eral facility protected by the Federal Protective 

24 Service before being granted unescorted or re25 curring access. 


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1 ‘‘(14) PROTECTIVE SERVICE GUARD CON2 TRACTING.—The Director shall be responsible for all 

3 protective service guard contracting requirements for 

4 those facilities owned or leased by the General Serv5 ices Administration, and other facilities at the dis6 cretion of the Secretary. 

7 ‘‘(15) ASSISTANCE TO FACILITY SECURITY COM8 MITTEES.—The Director shall ensure coordination 

9 with and provide assistance to Facility Security 

10 Committees on matters relating to facilities, facility 

11 vulnerabilities, and potential consequences of an in12 cident. 

13 ‘‘SEC. 243. FULL-TIME EQUIVALENT EMPLOYEE REQUIRE14 MENTS. 

15 ‘‘(a) IN GENERAL.—The Secretary shall ensure that 

16 the Federal Protective Service maintains not fewer than 

17 1,371 full-time equivalent employees, including not fewer 

18 than 950 in-service field staff in fiscal year 2012. 

19 ‘‘(b) MINIMUM FULL-TIME EQUIVALENT EMPLOYEE

20 LEVEL.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

22 that the Federal Protective Service shall maintain at 

23 any time not fewer than 1,200 full-time equivalent 

24 employees, including not fewer than 900 in-service 

25 field staff. 


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1 ‘‘(2) REPORT.—In any fiscal year after fiscal 

2 year 2012 in which the number of full-time equiva3 lent employees of the Federal Protective Service is 

4 fewer than the number of full-time equivalent em5 ployees of the Federal Protective Service in the pre6 vious fiscal year, the Secretary shall submit a report 

7 to the appropriate congressional committees that 

8 provides— 

9 ‘‘(A) an explanation of the decrease in full10 time equivalent employees; and 

11 ‘‘(B) a revised model of the number of full12 time equivalent employees projected for future 

13 fiscal years. 

14 ‘‘SEC. 244. OVERSIGHT OF CONTRACT GUARD SERVICES. 

15 ‘‘(a) ARMED GUARD TRAINING REQUIREMENTS.— 

16 ‘‘(1) ESTABLISHMENT.—Not later than 180 

17 days after the date of enactment of the Supporting 

18 Employee Competency and Updating Readiness En19 hancements for Facilities Act of 2011, the Director 

20 shall establish minimum training requirements for 

21 all armed guards procured by the Federal Protective 

22 Service. 

23 ‘‘(2) REQUIREMENTS.—Training requirements 

24 under this subsection shall include— 


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1 ‘‘(A) at least 80 hours of instruction before 

2 a guard may be deployed, and at least 16 hours 

3 of recurrent training on an annual basis there4 after; and 

5 ‘‘(B) Federal Protective Service monitoring 

6 or provision of the initial training of armed 

7 guards procured by the Federal Protective 

8 Service of— 

9 ‘‘(i) at least 10 percent of the hours 

10 of required instruction in fiscal year 2011; 

11 ‘‘(ii) at least 15 percent of the hours 

12 of required instruction in fiscal year 2012; 

13 ‘‘(iii) at least 20 percent of the hours 

14 of required instruction in fiscal year 2013; 

15 and 

16 ‘‘(iv) at least 25 percent of the hours 

17 of required instruction in fiscal year 2014 

18 and each fiscal year thereafter. 

19 ‘‘(b) TRAINING AND SECURITY ASSESSMENT PRO20 GRAM.— 

21 ‘‘(1) ESTABLISHMENT.—Not later than 180 

22 days after the date of enactment of the Supporting 

23 Employee Competency and Updating Readiness En24 hancements for Facilities Act of 2011, the Director 

25 shall establish a program to periodically assess— 


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1 ‘‘(A) the training of guards for the security 

2 and protection of Federal facilities protected by 

3 the Federal Protective Service; and 

4 ‘‘(B) the security of Federal facilities pro5 tected by the Federal Protective Service. 

6 ‘‘(2) PROGRAM.—The program under this sub7 section shall include an assessment of— 

8 ‘‘(A) methods to test the training and cer9 tifications of guards; 

10 ‘‘(B) a remedial training program for 

11 guards; 

12 ‘‘(C) procedures for taking personnel ac13 tions, including processes for removing individ14 uals who fail to conform to the training or per15 formance requirements of the contract; and 

16 ‘‘(D) an overt and covert testing program 

17 for the purposes of assessing guard perform18 ance and other facility security counter19 measures. 

20 ‘‘(3) REPORTS.—The Secretary shall annually 

21 submit a report to the appropriate congressional 

22 committees, in a classified manner, if necessary, on 

23 the results of the assessment of the overt and covert 

24 testing program of the Federal Protective Service. 


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1 ‘‘(c) REVISION OF GUARD MANUAL AND POST OR2 DERS.— 

3 ‘‘(1) IN GENERAL.—Not later than 180 days 

4 after the date of enactment of the Supporting Em5 ployee Competency and Updating Readiness En6 hancements for Facilities Act of 2011, the Director, 

7 in consultation with the Administrator of General 

8 Services, shall— 

9 ‘‘(A) update the Security Guard Informa10 tion Manual and post orders for each guard 

11 post overseen by the Federal Protective Service; 

12 or 

13 ‘‘(B) certify to the Secretary that the Se14 curity Guard Information Manual and post or15 ders described under subparagraph (A) have 

16 been updated during the 1-year period pre17 ceding the date of enactment of the Supporting 

18 Employee Competency and Updating Readiness 

19 Enhancements for Facilities Act of 2011. 

20 ‘‘(2) REVIEW AND UPDATE.—Beginning with 

21 the first calendar year following the date of enact22 ment of the Supporting Employee Competency and 

23 Updating Readiness Enhancements for Facilities Act 

24 of 2011, and every 2 years thereafter, the Director 

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1 tion Manual and post orders for each guard post 

2 overseen by the Federal Protective Service. 

3 ‘‘(d) DATABASE OF GUARD SERVICE CONTRACTS.— 

4 The Director shall establish a database to monitor all con5 tracts for guard services. The database shall include infor6 mation relating to contract performance. 

7 ‘‘SEC. 245. INFRASTRUCTURE SECURITY CANINE TEAMS. 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) INCREASED CAPACITY.—Not later than 

10 180 days after the date of enactment of the Sup11 porting Employee Competency and Updating Readi12 ness Enhancements for Facilities Act of 2011, the 

13 Director shall— 

14 ‘‘(A) begin to increase the number of infra15 structure security canine teams certified by the 

16 Federal Protective Service for the purposes of 

17 infrastructure-related security by up to 15 ca18 nine teams in each of fiscal years 2012 through 

19 2015; and 

20 ‘‘(B) encourage State and local govern21 ments and private owners of high-risk facilities 

22 to strengthen security through the use of highly 

23 trained infrastructure security canine teams. 

24 ‘‘(2) INFRASTRUCTURE SECURITY CANINE

25 TEAMS.—To the extent practicable, the Director 


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1 shall increase the number of infrastructure security 

2 canine teams by— 

3 ‘‘(A) partnering with the Customs and 

4 Border Protection Canine Enforcement Pro5 gram and the Canine Training Center Front 

6 Royal, the Transportation Security Administra7 tion’s National Explosives Detection Canine 

8 Team Training Center, or other offices or agen9 cies within the Department with established ca10 nine training programs; 

11 ‘‘(B) partnering with agencies, State or 

12 local government agencies, nonprofit organiza13 tions, universities, or the private sector to in14 crease the training capacity for canine detection 

15 teams; or 

16 ‘‘(C) procuring explosives detection canines 

17 trained by nonprofit organizations, universities, 

18 or the private sector, if the canines are trained 

19 in a manner consistent with the standards and 

20 requirements developed under subsection (b) or 

21 other criteria developed by the Secretary. 

22 ‘‘(b) STANDARDS FOR INFRASTRUCTURE SECURITY

23 CANINE TEAMS.— 

24 ‘‘(1) IN GENERAL.—The Director, in coordina25 tion with the Office of Infrastructure Protection, 


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1 shall establish criteria, including canine training cur2 ricula, performance standards, and other require3 ments, necessary to ensure that infrastructure secu4 rity canine teams trained by nonprofit organizations, 

5 universities, and private sector entities are ade6 quately trained and maintained. 

7 ‘‘(2) EXPANSION.—In developing and imple8 menting the criteria, the Director shall— 

9 ‘‘(A) coordinate with key stakeholders, in10 cluding international, Federal, State, and local 

11 government officials, and private sector and 

12 academic entities to develop best practice guide13 lines; 

14 ‘‘(B) require that canine teams trained by 

15 nonprofit organizations, universities, or private 

16 sector entities that are used or made available 

17 by the Secretary be trained consistent with the 

18 criteria; and 

19 ‘‘(C) review the status of the private sector 

20 programs on at least an annual basis to ensure 

21 compliance with the criteria. 

22 ‘‘(c) DEPLOYMENT.—The Director— 

23 ‘‘(1) shall use the additional canine teams in24 creased under subsection (a) to enhance security at 

25 Federal facilities; 


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1 ‘‘(2) may use the additional canine teams in2 creased under subsection (a) on a more limited basis 

3 to support other homeland security missions; and 

4 ‘‘(3) may request canine teams from other 

5 agencies within the Department— 

6 ‘‘(A) for high-risk areas; 

7 ‘‘(B) to address specific threats; or 

8 ‘‘(C) on an as-needed basis. 

9 ‘‘(d) CANINE PROCUREMENT.—The Director, shall 

10 ensure that infrastructure security canine teams are pro11 cured as efficiently as possible and at the lowest cost, 

12 while maintaining the needed level of quality. 

13 ‘‘SEC. 246. CHECKPOINT DETECTION TECHNOLOGY STAND14 ARDS. 

15 ‘‘The Secretary, in coordination with the Interagency 

16 Security Committee, shall develop performance-based 

17 standards for checkpoint detection technologies for explo18 sives and other threats at Federal facilities protected by 

19 the Federal Protective Service. 

20 ‘‘SEC. 247. COMPLIANCE OF FEDERAL FACILITIES WITH 

21 FEDERAL SECURITY STANDARDS. 

22 ‘‘(a) IN GENERAL.—The Secretary may assess secu23 rity charges to an agency that is the owner or the tenant 

24 of a Federal facility protected by the Federal Protective 

25 Service in addition to any security charge assessed under 


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1 section 248 for the costs of necessary security counter2 measures if— 

3 ‘‘(1) the Secretary, in coordination with the 

4 Interagency Security Committee, determines a Fed5 eral facility to be in noncompliance with Federal se6 curity standards established by the Interagency Se7 curity Committee or a final determination regarding 

8 countermeasures made by the appeals board estab9 lished under section 262(h); and 

10 ‘‘(2) the Interagency Security Committee or the 

11 Director— 

12 ‘‘(A) provided notice to that agency and 

13 the Facility Security Committee of— 

14 ‘‘(i) the noncompliance; 

15 ‘‘(ii) the actions necessary to be in 

16 compliance; and 

17 ‘‘(iii) the latest date on which such ac18 tions need to be taken; and 

19 ‘‘(B) the agency is not in compliance by 

20 that date. 

21 ‘‘(b) REPORT ON NONCOMPLIANT FACILITIES.—The 

22 Secretary shall submit a report to the appropriate congres23 sional committees, in a classified manner if necessary, of 

24 any facility determined to be in noncompliance with the 


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1 Federal security standards established by the Interagency 

2 Security Committee. 

3 ‘‘SEC. 248. FEES FOR PROTECTIVE SERVICES. 

4 ‘‘(a) IN GENERAL.—The Secretary may assess and 

5 collect fees and security charges from agencies for the 

6 costs of providing protective services. 

7 ‘‘(b) DEPOSIT OF FEES.—Any fees or security 

8 charges paid under this section shall be deposited in the 

9 appropriations account under the heading ‘FEDERAL PRO10 TECTIVE SERVICES’ under the heading ‘NATIONAL PRO11 TECTION AND PROGRAMS DIRECTORATE’ of the Depart12 ment. 

13 ‘‘(c) ADJUSTMENT OF FEES.—The Director of the 

14 Office of Management and Budget shall adjust fees as 

15 necessary to carry out this subtitle. 

16 ‘‘Subtitle F—Interagency Security 

17 Committee 

18 ‘‘SEC. 261. DEFINITIONS. 

19 ‘‘In this subtitle, the definitions under section 241 

20 shall apply. 

21 ‘‘SEC. 262. INTERAGENCY SECURITY COMMITTEE. 

22 ‘‘(a) ESTABLISHMENT.—There is established within 

23 the executive branch the Interagency Security Committee 

24 (in this subtitle referred to as the ‘Committee’) responsible 

25 for the development of safety and security standards and 


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1 best practices to mitigate the effects of natural and man2 made hazards in Federal facilities. 

3 ‘‘(b) CHAIRPERSON.—The Committee shall be 

4 chaired by the Secretary, or the designee of the Secretary. 

5 The chairperson shall be responsible for the daily oper6 ations of the Committee and appeals board, final approval 

7 and enforcement of Committee standards, and the promul8 gation of regulations related to Federal facility security 

9 prescribed by the Committee. 

10 ‘‘(c) MEMBERSHIP.— 

11 ‘‘(1) VOTING MEMBERS.—The Committee shall 

12 consist of the following voting members: 

13 ‘‘(A) AGENCY REPRESENTATIVES.—Rep14 resentatives from the following agencies, ap15 pointed by the agency heads: 

16 ‘‘(i) Department of Homeland Secu17 rity. 

18 ‘‘(ii) Department of State. 

19 ‘‘(iii) Department of the Treasury. 

20 ‘‘(iv) Department of Defense. 

21 ‘‘(v) Department of Justice. 

22 ‘‘(vi) Department of the Interior. 

23 ‘‘(vii) Department of Agriculture. 

24 ‘‘(viii) Department of Commerce. 

25 ‘‘(ix) Department of Labor. 


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1 ‘‘(x) Department of Health and 

2 Human Services. 

3 ‘‘(xi) Department of Housing and 

4 Urban Development. 

5 ‘‘(xii) Department of Transportation. 

6 ‘‘(xiii) Department of Energy. 

7 ‘‘(xiv) Department of Education. 

8 ‘‘(xv) Department of Veterans Affairs. 

9 ‘‘(xvi) Environmental Protection 

10 Agency. 

11 ‘‘(xvii) Central Intelligence Agency. 

12 ‘‘(xviii) Office of Management and 

13 Budget. 

14 ‘‘(xix) General Services Administra15 tion. 

16 ‘‘(B) OTHER OFFICERS.—The following 

17 Federal officers or the designees of those offi18 cers: 

19 ‘‘(i) The Director of the United States 

20 Marshals Service. 

21 ‘‘(ii) The Director. 

22 ‘‘(iii) The Assistant to the President 

23 for National Security Affairs. 

24 ‘‘(C) JUDICIAL BRANCH REPRESENTA25 TIVES.—A representative from the judicial 


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1 branch appointed by the Chief Justice of the 

2 United States. 

3 ‘‘(2) ASSOCIATE MEMBERS.—The Committee 

4 shall include as associate members who shall be non5 voting members, representatives from the following 

6 agencies, appointed by the agency heads: 

7 ‘‘(A) Federal Aviation Administration. 

8 ‘‘(B) Federal Bureau of Investigation. 

9 ‘‘(C) Federal Deposit Insurance Corpora10 tion. 

11 ‘‘(D) Federal Emergency Management 

12 Agency. 

13 ‘‘(E) Federal Reserve Board. 

14 ‘‘(F) Internal Revenue Service. 

15 ‘‘(G) National Aeronautics and Space Ad16 ministration. 

17 ‘‘(H) National Capital Planning Commis18 sion. 

19 ‘‘(I) National Institute of Standards & 

20 Technology. 

21 ‘‘(J) Nuclear Regulatory Commission. 

22 ‘‘(K) Office of Personnel Management. 

23 ‘‘(L) Securities and Exchange Commission. 

24 ‘‘(M) Social Security Administration. 

25 ‘‘(N) United States Coast Guard. 


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1 ‘‘(O) United States Postal Service. 

2 ‘‘(P) United States Army Corps of Engi3 neers. 

4 ‘‘(Q) Court Services and Offender Super5 vision Agency. 

6 ‘‘(R) Any other Federal officers as the 

7 President shall appoint. 

8 ‘‘(3) GOVERNMENT ACCOUNTABILITY OFFICE.— 

9 The Comptroller General shall designate a represent10 ative to act as a liaison to the Committee. 

11 ‘‘(d) WORKING GROUPS.—The Committee may estab12 lish interagency working groups to perform such tasks as 

13 may be directed by the Committee. 

14 ‘‘(e) CONSULTATION.—The Committee shall consult 

15 with other parties, including the Administrative Office of 

16 the United States Courts, to perform its responsibilities, 

17 and, at the discretion of the Chairperson of the Com18 mittee, such other parties may participate in the working 

19 groups. 

20 ‘‘(f) MEETINGS.—The Committee shall at a minimum 

21 meet quarterly. 

22 ‘‘(g) RESPONSIBILITIES.—The Committee shall— 

23 ‘‘(1) not later than 1 year after the date of en24 actment of the Supporting Employee Competency 

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1 ties Act of 2011, propose regulations to the Sec2 retary for promulgation under section 1315(c)(1) of 

3 title 40, United States Code— 

4 ‘‘(A) for determining facility security lev5 els, unless the Committee determines that simi6 lar regulations are issued by the Secretary be7 fore the end of that 180-day period; and 

8 ‘‘(B) to establish risk-based performance 

9 standards for the security of Federal facilities, 

10 unless the Committee determines that similar 

11 regulations are issued by the Secretary before 

12 the end of that 1-year period; 

13 ‘‘(2) establish protocols for the testing of the 

14 compliance of Federal facilities with Federal security 

15 standards, including a mechanism for the initial and 

16 recurrent testing of Federal facilities; 

17 ‘‘(3) prescribe regulations to determine min18 imum levels of training and certification of contract 

19 guards; 

20 ‘‘(4) prescribe regulations to establish a list of 

21 prohibited items for entry into Federal facilities; 

22 ‘‘(5) establish minimum requirements and a 

23 process for providing basic security training for 

24 members of Facility Security Committees; and 


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1 ‘‘(6) take such actions as may be necessary to 

2 enhance the quality and effectiveness of security and 

3 protection of Federal facilities, including— 

4 ‘‘(A) encouraging agencies with security 

5 responsibilities to share security-related intel6 ligence in a timely and cooperative manner; 

7 ‘‘(B) assessing technology and information 

8 systems as a means of providing cost-effective 

9 improvements to security in Federal facilities; 

10 ‘‘(C) developing long-term construction 

11 standards for those locations with threat levels 

12 or missions that require blast resistant struc13 tures or other specialized security requirements; 

14 ‘‘(D) evaluating standards for the location 

15 of, and special security related to, day care cen16 ters in Federal facilities; and 

17 ‘‘(E) assisting the Secretary in developing 

18 and maintaining a secure centralized security 

19 database of all Federal facilities; and 

20 ‘‘(7) carry out such other duties as assigned by 

21 the President. 

22 ‘‘(h) APPEALS BOARD.— 

23 ‘‘(1) ESTABLISHMENT.—The Committee shall 

24 establish an appeals board to consider appeals from 


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1 any Facility Security Committee or the Director of 

2 a— 

3 ‘‘(A) facility security level determination; 

4 ‘‘(B) Facility Security Committee decision 

5 to disapprove a determination for necessary 

6 countermeasures or physical security improve7 ments if the Director considered such a decision 

8 a grave risk to the facility or its occupants; or 

9 ‘‘(C) determination of noncompliance with 

10 Federal facility security standards. 

11 ‘‘(2) MEMBERSHIP.— 

12 ‘‘(A) IN GENERAL.—The appeals board 

13 shall consist of 7 members of the Committee, of 

14 whom— 

15 ‘‘(i) 1 shall be designated by the Sec16 retary; 

17 ‘‘(ii) 4 shall be selected by the voting 

18 members of the Committee; and 

19 ‘‘(iii) 2 shall be selected by the voting 

20 members of the Committee to serve as al21 ternates in the case of recusal by a mem22 ber of the appeals board. 

23 ‘‘(B) RECUSAL.—An appeals board mem24 ber shall recuse himself or herself from any apVerDate Mar 15 2010 03:28 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S772.IS S772

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1 peal from an agency which that member rep2 resents. 

3 ‘‘(3) FINAL APPEAL.—A decision of the appeals 

4 board is final and shall not be subject to administra5 tive or judicial review. 

6 ‘‘(i) AGENCY SUPPORT AND COOPERATION.— 

7 ‘‘(1) ADMINISTRATIVE SUPPORT.— 

8 ‘‘(A) IN GENERAL.—To the extent per9 mitted by law and subject to the availability of 

10 appropriations, the Secretary shall provide the 

11 Committee such administrative services, funds, 

12 facilities, staff and other support services as 

13 may be necessary for the performance of the 

14 functions of the Committee under this subtitle. 

15 ‘‘(B) AUTHORIZATION OF APPROPRIA16 TIONS.—There are authorized to be appro17 priated to the Department such sums as nec18 essary to carry out the provisions of this para19 graph. 

20 ‘‘(2) COOPERATION AND COMPLIANCE.— 

21 ‘‘(A) IN GENERAL.—Each agency shall co22 operate and comply with the policies, standards, 

23 and determinations of the Committee. 

24 ‘‘(B) SUPPORT.—To the extent permitted 

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1 priations, agencies shall provide such support as 

2 may be necessary to enable the Committee to 

3 perform the duties and responsibilities of the 

4 Committee. 

5 ‘‘(3) COMPLIANCE.—The Secretary shall be re6 sponsible for monitoring agency compliance with the 

7 policies and determinations of the Committee. 

8 ‘‘(j) AUTHORIZATION.—There are authorized to be 

9 appropriated to the Department such sums as necessary 

10 to carry out the provisions of this section. 

11 ‘‘SEC. 263. AUTHORIZATION OF AGENCIES TO PROVIDE 

12 PROTECTIVE SERVICES. 

13 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

14 with the Committee, shall establish a process to authorize 

15 an agency to provide protective services for a Federal facil16 ity instead of the Federal Protective Service. 

17 ‘‘(b) LAW ENFORCEMENT AUTHORITY.—The Federal 

18 Protective Service shall retain the law enforcement au19 thorities of the Federal Protective Service at any Federal 

20 facilities where an exemption is approved under subsection 

21 (a). 

22 ‘‘(c) REQUIREMENTS.—Except as provided under 

23 subsection (d), the process under subsection (a) shall— 

24 ‘‘(1) provide that— 


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1 ‘‘(A) an agency may submit an application 

2 to the Secretary for an authorization; 

3 ‘‘(B) an authorization shall be for a 2-year 

4 period; 

5 ‘‘(C) an authorization may be renewed; 

6 and 

7 ‘‘(D) not later than 60 days after an agen8 cy submits an application to the Secretary for 

9 an authorization, the Secretary shall respond to 

10 the agency; and 

11 ‘‘(2) require an agency to— 

12 ‘‘(A) demonstrate security expertise; 

13 ‘‘(B) possess law enforcement authority; 

14 ‘‘(C) provide sufficient information through 

15 a security plan that the agency shall be in com16 pliance with the Federal security standards of 

17 the Committee; and 

18 ‘‘(D) submit a cost benefit analysis dem19 onstrating savings to be realized. 

20 ‘‘(d) AUTHORIZATION FOR CERTAIN DEPARTMENT

21 OF ENERGY FACILITIES.—Nothing in this section shall— 

22 ‘‘(1) alter authorizations in effect as of the date 

23 of enactment of the Supporting Employee Com24 petency and Updating Readiness Enhancements for 

25 Facilities Act of 2011 that have been provided to the 


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1 Department of Energy for headquarters facilities lo2 cated in Washington, DC, and Germantown, Mary3 land; or 

4 ‘‘(2) preclude the Secretary and the Secretary 

5 of Energy from renegotiating the terms of the au6 thorizations for the Department of Energy head7 quarters facilities located in Washington, DC, and 

8 Germantown, Maryland, without regard to the re9 quirements of subsection (c). 

10 ‘‘SEC. 264. FACILITY SECURITY COMMITTEES. 

11 ‘‘(a) IN GENERAL.— 

12 ‘‘(1) MAINTENANCE OF FACILITY SECURITY

13 COMMITTEES.—Except as provided under paragraph 

14 (2), the agencies that are tenants at each Federal 

15 facility shall maintain a Facility Security Committee 

16 for that Federal facility. Each agency that is a ten17 ant at a Federal facility shall provide 1 employee to 

18 serve as a member of the Facility Security Com19 mittee. 

20 ‘‘(2) EXEMPTIONS.—The Secretary may exempt 

21 a Federal facility from the requirement under para22 graph (1), if that Federal facility is authorized 

23 under section 263 to provide protective services. 

24 ‘‘(b) CHAIRPERSON.— 


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1 ‘‘(1) IN GENERAL.—Each Facility Security 

2 Committee shall be headed by a chairperson, elected 

3 by a majority of the members of the Facility Secu4 rity Committee. 

5 ‘‘(2) RESPONSIBILITIES.—The chairperson shall 

6 be responsible for— 

7 ‘‘(A) maintaining accurate contact infor8 mation for agency tenants and providing that 

9 information, including any updates, to the Fed10 eral Protective Service or designated security 

11 organization; 

12 ‘‘(B) setting the agenda for Facility Secu13 rity Committee meetings; 

14 ‘‘(C) referring Facility Security Committee 

15 member questions to Federal Protective Service 

16 or designated security organization for re17 sponse; 

18 ‘‘(D) reviewing a security assessment com19 pleted by the Federal Protective Service or des20 ignated security organization representatives 

21 and, if requested by the Federal Protective 

22 Service or designated security organization, ac23 companying the representatives during on-site 

24 facility security assessments; 


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1 ‘‘(E) maintaining an official record of each 

2 meeting; 

3 ‘‘(F) acknowledging receipt of the facility 

4 security assessment from Federal Protective 

5 Service or designated security organization; 

6 ‘‘(G) maintaining records of training of or 

7 waivers for members of the Facility Security 

8 Committee; and 

9 ‘‘(H) any other duties as determined by 

10 the Interagency Security Committee. 

11 ‘‘(c) TRAINING FOR MEMBERS.— 

12 ‘‘(1) IN GENERAL.—Except as provided under 

13 paragraphs (3) and (4), before serving as a member 

14 of a Facility Security Committee, an employee shall 

15 successfully complete a training course that meets a 

16 minimum standard of training as established by the 

17 Interagency Security Committee. 

18 ‘‘(2) TRAINING.—Training under this sub19 section shall— 

20 ‘‘(A) be provided by the Federal Protective 

21 Service or designated security organization, in 

22 accordance with standards established by the 

23 Interagency Security Committee; 

24 ‘‘(B) be commensurate with the security 

25 level of the facility; and 


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1 ‘‘(C) include training relating to— 

2 ‘‘(i) familiarity with published stand3 ards of the Interagency Security Com4 mittee; 

5 ‘‘(ii) physical security criteria for Fed6 eral facilities; 

7 ‘‘(iii) use of physical security perform8 ance measures; 

9 ‘‘(iv) facility security levels determina10 tions; 

11 ‘‘(v) best practices for safe mail han12 dling; 

13 ‘‘(vi) knowledge of an occupant emer14 gency plan, the facility security assessment 

15 process, and the facility countermeasures 

16 plan; and 

17 ‘‘(vii) the role of the Federal Protec18 tive Service or designated security organi19 zation and the General Services Adminis20 tration. 

21 ‘‘(3) WAIVERS.—The training requirement 

22 under this subsection may be waived by the Direc23 tor, the head of a designated security organization, 

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1 curity organization, or the Chairperson determines 

2 that an employee has related experience in physical 

3 security, law enforcement, or infrastructure security 

4 disciplines. 

5 ‘‘(4) INCUMBENT MEMBERS.— 

6 ‘‘(A) IN GENERAL.—This subsection shall 

7 apply to any Facility Security Committee estab8 lished before, on, or after the date of enactment 

9 of the Supporting Employee Competency and 

10 Updating Readiness Enhancements for Facili11 ties Act of 2011, except that any member of a 

12 Facility Security Committee serving on that 

13 date shall during the 1-year period following 

14 that date— 

15 ‘‘(i) successfully complete a training 

16 course as required under paragraph (1); or 

17 ‘‘(ii) obtain a waiver under paragraph 

18 (3). 

19 ‘‘(B) COMPLIANCE.—Any member of a Fa20 cility Security Committee described under sub21 paragraph (A) who does not comply with that 

22 subparagraph may not serve on that Facility 

23 Security Committee. 

24 ‘‘(d) MEETINGS AND QUORUM.— 


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1 ‘‘(1) MEETINGS.—Each Facility Security Com2 mittee shall meet on a quarterly basis, or more fre3 quently if determined appropriate by the chair4 person. 

5 ‘‘(2) QUORUM.—A majority of the members of 

6 a Facility Security Committee shall be present for a 

7 quorum to conduct business. 

8 ‘‘(e) APPEAL.— 

9 ‘‘(1) IN GENERAL.—If a Facility Security Com10 mittee disagrees with a determination of a facility 

11 security level or a determination of noncompliance 

12 with Federal security standards, the Chairperson of 

13 a Facility Security Committee may file an appeal of 

14 the determination with the Interagency Security 

15 Committee appeals board. 

16 ‘‘(2) DECISION TO APPEAL.—The decision to 

17 file an appeal shall be agreed to by a majority of the 

18 members of a Facility Security Committee. 

19 ‘‘(3) MATTERS SUBJECT TO APPEAL.—A deter20 mination of the Federal Protective Service may be 

21 appealed under this subsection, including any deter22 mination relating to— 

23 ‘‘(A) countermeasure improvements; 

24 ‘‘(B) facility security assessment findings; 

25 and 


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1 ‘‘(C) facility security levels.’’. 

2 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

3 The table of contents for the Homeland Security Act of 

4 2002 is amended by inserting after the matter relating 

5 to title II the following: 

‘‘Subtitle E—Federal Protective Service 

‘‘Sec. 241. Definitions. 

‘‘Sec. 242. Establishment. 

‘‘Sec. 243. Full-time equivalent employee requirements. 

‘‘Sec. 244. Oversight of contract guard services. 

‘‘Sec. 245. Infrastructure Security Canine Teams. 

‘‘Sec. 246. Checkpoint detection technology standards. 

‘‘Sec. 247. Compliance of Federal facilities with Federal security standards. 

‘‘Sec. 248. Fees for protective services. 

‘‘Subtitle F—Interagency Security Committee 

‘‘Sec. 261. Definitions. 

‘‘Sec. 262. Interagency Security Committee. 

‘‘Sec. 263. Authorization of agencies to provide protective services. 

‘‘Sec. 264. Facility security committees.’’. 

6 SEC. 4. FEDERAL PROTECTIVE SERVICE OFFICERS OFF7 DUTY CARRYING OF FIREARMS. 

8 (a) LAW ENFORCEMENT AUTHORITY OF SECRETARY

9 OF HOMELAND SECURITY.—Section 1315(b)(2) of title 

10 40, United States Code, is amended— 

11 (1) in the matter preceding subparagraph (A), 

12 by striking ‘‘While engaged in the performance of of13 ficial duties, an’’ and inserting ‘‘An’’; and 

14 (2) in subparagraph (B), by striking ‘‘carry 

15 firearms;’’ and inserting ‘‘carry firearms on or off 

16 duty;’’. 

17 (b) CARRYING CONCEALED FIREARMS.—Section 

18 926B(f) of title 18, United States Code, is amended by 


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1 inserting ‘‘, a law enforcement officer of the Federal Pro2 tective Service’’ after ‘‘Federal Reserve,’’. 

3 SEC. 5. CIVIL SERVICE RETIREMENT SYSTEM AND FED4 ERAL EMPLOYEES RETIREMENT SYSTEM. 

5 (a) CIVIL SERVICE RETIREMENT SYSTEM.— 

6 (1) DEFINITION.—Section 8331 of title 5, 

7 United States Code is amended— 

8 (A) in paragraph (30), by striking ‘‘and’’ 

9 at the end; 

10 (B) in paragraph (31), by striking the pe11 riod and inserting ‘‘and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(32) ‘Federal protective service officer’ means 

14 an employee in the Federal Protective Service of the 

15 Department of Homeland Security— 

16 ‘‘(A) who holds a position within the GS– 

17 0083, GS–0080, GS–1801, or GS–1811 job se18 ries (determined applying the criteria in effect 

19 as of September 1, 2007 or any successor posi20 tion; and 

21 ‘‘(B) who are authorized to carry firearms 

22 and empowered to make arrests in the perform23 ance of duties related to the protection of build24 ings, grounds and property that are owned, oc25 cupied, or secured by the Federal Government 


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1 (including any agency, instrumentality or wholly 

2 owned or mixed-ownership corporation thereof) 

3 and the persons on the property, including any 

4 such employee who is transferred directly to a 

5 supervisory or administrative position in the 

6 Department of Homeland Security after per7 forming such duties in 1 or more positions (as 

8 described under subparagraph (A)) for at least 

9 3 years.’’. 

10 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS11 ITS.—Section 8334 of title 5, United States Code, is 

12 amended— 

13 (A) in subsection (a)(1)(A), by inserting 

14 ‘‘Federal protective service officer,’’ before ‘‘or 

15 customs and border protection officer,’’; and 

16 (B) in the table contained in subsection 

17 (c), by adding at the end the following: 

‘‘Federal Protective Service Officer 7.5 After June 29, 2011.’’. 

18 (3) MANDATORY SEPARATION.—The first sen19 tence of section 8335(b)(1) of title 5, United States 

20 Code, is amended by inserting ‘‘Federal protective 

21 service officer,’’ before ‘‘or customs and border pro22 tection officer,’’. 

23 (4) IMMEDIATE RETIREMENT.—Section 8336 of 

24 title 5, United States Code, is amended— 


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1 (A) in subsection (c)(1), by inserting ‘‘Fed2 eral protective service officer,’’ before ‘‘or cus3 toms and border protection officer,’’; and 

4 (B) in subsections (m) and (n), by insert5 ing ‘‘as a Federal protective service officer,’’ be6 fore ‘‘or as a customs and border protection of7 ficer,’’. 

8 (b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 

9 (1) DEFINITION.—Section 8401 of title 5, 

10 United States Code, is amended— 

11 (A) in paragraph (35), by striking ‘‘and’’ 

12 at the end; 

13 (B) in paragraph (36), by striking the pe14 riod and inserting ‘‘and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(37) ‘Federal protective service officer’ means 

17 an employee in the Federal Protective Service of the 

18 Department of Homeland Security— 

19 ‘‘(A) who holds a position within the GS– 

20 0083, GS–0080, GS–1801, or GS–1811 job se21 ries (determined applying the criteria in effect 

22 as of September 1, 2007) or any successor posi23 tion; and 

24 ‘‘(B) who are authorized to carry firearms 

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1 ance of duties related to the protection of build2 ings, grounds and property that are owned, oc3 cupied, or secured by the Federal Government 

4 (including any agency, instrumentality or wholly 

5 owned or mixed-ownership corporation thereof) 

6 and the persons on the property, including any 

7 such employee who is transferred directly to a 

8 supervisory or administrative position in the 

9 Department of Homeland Security after per10 forming such duties in 1 or more positions (as 

11 described under subparagraph (A)) for at least 

12 3 years.’’. 

13 (2) IMMEDIATE RETIREMENT.—Paragraphs (1) 

14 and (2) of section 8412(d) of title 5, United States 

15 Code, are amended by inserting ‘‘Federal protective 

16 service officer,’’ before ‘‘or customs and border pro17 tection officer,’’. 

18 (3) COMPUTATION OF BASIC ANNUITY.—Section 

19 8415(h)(2) of title 5, United States Code, is amend20 ed by inserting ‘‘Federal protective service officer,’’ 

21 before ‘‘or customs and border protection officer,’’. 

22 (4) DEDUCTIONS FROM PAY.—The table con23 tained in section 8422(a)(3) of title 5, United States 

24 Code, is amended by adding at the end the fol25 lowing: 

‘‘Federal Protective Service Officer 7.5 After June 29, 2011.’’. 


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1 (5) GOVERNMENT CONTRIBUTIONS.—Para2 graphs (1)(B)(i) and (3) of section 8423(a) of title 

3 5, United States Code, are amended by inserting 

4 ‘‘Federal protective service officer,’’ before ‘‘customs 

5 and border protection officer,’’ each place that term 

6 appears. 

7 (6) MANDATORY SEPARATION.—Section 

8 8425(b)(1) of title 5, United States Code, is amend9 ed— 

10 (A) by inserting ‘‘Federal protective service 

11 officer,’’ before ‘‘or customs and border protec12 tion officer,’’ the first place that term appears; 

13 and 

14 (B) inserting ‘‘Federal protective service 

15 officer,’’ before ‘‘or customs and border protec16 tion officer,’’ the second place that term ap17 pears. 

18 (c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.— 

19 Section 3307 of title 5, United States Code, is amended 

20 by adding at the end the following: 

21 ‘‘(h) The Secretary of Homeland Security may deter22 mine and fix the maximum age limit for an original ap23 pointment to a position as a Federal protective service of24 ficer, as defined by section 8401(37).’’. 


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1 (d) REGULATIONS.—Any regulations necessary to 

2 carry out the amendments made by this section shall be 

3 prescribed by the Director of the Office of Personnel Man4 agement in consultation with the Secretary. 

5 (e) EFFECTIVE DATE; TRANSITION RULES; FUND6 ING.— 

7 (1) EFFECTIVE DATE.—The amendments made 

8 by this section shall become effective on the later of 

9 June 30, 2011 or the first day of the first pay pe10 riod beginning at least 6 months after the date of 

11 enactment of this Act. 

12 (2) TRANSITION RULES.— 

13 (A) NONAPPLICABILITY OF MANDATORY

14 SEPARATION PROVISIONS TO CERTAIN INDIVID15 UALS.—The amendments made by subsections 

16 (a)(3) and (b)(6), respectively, shall not apply 

17 to an individual first appointed as a Federal 

18 protective service officer before the effective 

19 date under paragraph (1). 

20 (B) TREATMENT OF PRIOR FEDERAL PRO21 TECTIVE SERVICE OFFICER SERVICE.— 

22 (i) GENERAL RULE.—Except as pro23 vided in clause (ii), nothing in this section 

24 shall be considered to apply with respect to 

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1 tive service officer before the effective date 

2 under paragraph (1). 

3 (ii) EXCEPTION.—Service described in 

4 section 8331(32) and 8401(37) of title 5, 

5 United States Code (as amended by this 

6 section) rendered before the effective date 

7 under paragraph (1) may be taken into ac8 count to determine if an individual who is 

9 serving on or after such effective date then 

10 qualifies as a Federal protective service of11 ficer by virtue of holding a supervisory or 

12 administrative position in the Department 

13 of Homeland Security. 

14 (C) MINIMUM ANNUITY AMOUNT.—The an15 nuity of an individual serving as a Federal pro16 tective service officer on the effective date 

17 under paragraph (1) pursuant to an appoint18 ment made before that date shall, to the extent 

19 that its computation is based on service ren20 dered as a Federal protective service officer on 

21 or after that date, be at least equal to the 

22 amount that would be payable to the extent 

23 that such service is subject to the Civil Service 

24 Retirement System or Federal Employees Re25 tirement System, as appropriate, by applying 


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1 section 8339(d) of title 5, United States Code, 

2 with respect to such service. 

3 (D) RULE OF CONSTRUCTION.—Nothing in 

4 the amendment made by subsection (c) shall be 

5 considered to apply with respect to any appoint6 ment made before the effective date under para7 graph (1). 

8 (3) FEES AND AUTHORIZATIONS OF APPROPRIA9 TIONS.— 

10 (A) FEES.—The Director of the Office of 

11 Management and Budget shall adjust fees as 

12 necessary to ensure collections are sufficient to 

13 carry out amendments made in this section. 

14 (B) AUTHORIZATION OF APPROPRIA15 TIONS.—There are authorized to be appro16 priated such sums as are necessary to carry out 

17 this section. 

18 (4) ELECTION.— 

19 (A) INCUMBENT DEFINED.—For purposes 

20 of this paragraph, the term ‘‘incumbent’’ means 

21 an individual who is serving as a Federal pro22 tective service officer on the date of the enact23 ment of this Act. 

24 (B) NOTICE REQUIREMENT.—Not later 

25 than 30 days after the date of enactment of 


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1 this Act, the Director of the Office of Personnel 

2 Management shall take measures reasonably de3 signed to ensure that incumbents are notified 

4 as to their election rights under this paragraph, 

5 and the effect of making or not making a time6 ly election. 

7 (C) ELECTION AVAILABLE TO INCUM8 BENTS.— 

9 (i) IN GENERAL.—An incumbent may 

10 elect, for all purposes, either— 

11 (I) to be treated in accordance 

12 with the amendments made by sub13 section (a) or (b), as applicable; or 

14 (II) to be treated as if sub15 sections (a) and (b) had never been 

16 enacted. 

17 (ii) FAILURE TO MAKE A TIMELY

18 ELECTION.—Failure to make a timely elec19 tion under clause (i) shall be treated in the 

20 same way as an election made under clause 

21 (i)(I) on the last day allowable under 

22 clause (iii). 

23 (iii) DEADLINE.—An election under 

24 this subparagraph shall not be effective 


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1 unless it is made at least 14 days before 

2 the effective date under paragraph (1). 

3 (5) DEFINITION.—For the purposes of this sub4 section, the term ‘‘Federal protective service officer’’ 

5 has the meaning given such term by section 

6 8331(32) or 8401(37) of title 5, United States Code 

7 (as amended by this section). 

8 (6) EXCLUSION.—Nothing in this section or 

9 any amendment made by this section shall be consid10 ered to afford any election or to otherwise apply with 

11 respect to any individual who, as of the day before 

12 the date of the enactment of this Act— 

13 (A) holds a position within the Federal 

14 Protective Service; and 

15 (B) is considered a law enforcement officer 

16 for purposes of subchapter III of chapter 83 or 

17 chapter 84 of title 5, United States Code, by 

18 virtue of such position. 

19 SEC. 6. REPORT ON FEDERAL PROTECTIVE SERVICE PER20 SONNEL NEEDS. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of enactment of this Act, the Secretary shall submit 

23 a report to the appropriate congressional committees on 

24 the personnel needs of the Federal Protective Service that 

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1 tective service officers and the workforce composition of 

2 the Federal Protective Service needed to carry out the 

3 mission of the Federal Protective Service during the 10- 

4 fiscal year period beginning after the date of enactment 

5 of this Act. 

6 (b) REVIEW AND COMMENT.—The Secretary shall 

7 provide the report prepared under this section to a quali8 fied consultant for review and comment, before submitting 

9 the report to the appropriate congressional committees. 

10 The Secretary shall provide the comments of the qualified 

11 consultant to the appropriate congressional committee 

12 with the report. 

13 SEC. 7. REPORT ON RETENTION RATE FEDERAL PROTEC14 TIVE SERVICE CONTRACT GUARD WORK15 FORCE. 

16 Not later than 90 days after the date of enactment 

17 of this Act, the Secretary shall submit a report to the ap18 propriate congressional committees on— 

19 (1) retention rates within the Federal Protec20 tive Service contract guard workforce; and 

21 (2) how the retention rate affects the costs and 

22 operations of the Federal Protective Service and the 

23 security of Federal facilities. 


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1 SEC. 8. REPORT ON THE FEASIBILITY OF FEDERALIZING 

2 THE FEDERAL PROTECTIVE SERVICE CON3 TRACT GUARD WORKFORCE. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, the Secretary shall submit 

6 to the appropriate congressional committees a report on 

7 the feasibility of federalizing the Federal Protective Serv8 ice contract guard workforce. 

9 (b) REVIEW AND COMMENT.—The Secretary shall 

10 provide the report prepared under this section to a quali11 fied consultant for review and comment, before submitting 

12 the report to the appropriate congressional committees. 

13 The Secretary shall provide the comments of the qualified 

14 consultant to the appropriate congressional committee 

15 with the report. 

16 (c) CONTENTS.—The report under this section shall 

17 include an evaluation of— 

18 (1) converting in its entirety, or in part, the 

19 Federal Protective Service contract workforce into 

20 full-time Federal employees, including an option to 

21 post a full-time equivalent Federal protective service 

22 officer at each Federal facility that on the date of 

23 enactment of this Act has a contract guard stationed 

24 at that facility; 

25 (2) the immediate and projected costs of the 

26 conversion; 


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1 (3) the immediate and projected costs of main2 taining guards under contract status and of main3 taining full-time Federal employee guards; 

4 (4) the potential increase in security if con5 verted, including an analysis of using either a Fed6 eral security guard, Federal police officer, or Fed7 eral protective service officer instead of a contract 

8 guard; 

9 (5) the hourly and annual costs of contract 

10 guards and the Federal counterparts of those 

11 guards, including an assessment of costs associated 

12 with all benefits provided to the Federal counter13 parts; and 

14 (6) a comparison of similar conversions of large 

15 groups of contracted workers and potential benefits 

16 and challenges. 

17 SEC. 9. REPORT ON AGENCY FUNDING. 

18 Not later than 180 days after the date of enactment 

19 of this Act, the Secretary shall submit to the appropriate 

20 congressional committees a report on the method of fund21 ing for the Federal Protective Service, which shall include 

22 recommendations regarding whether the Federal Protec23 tive Service should continue to be funded by a collection 

24 of fees and security charges, be funded by appropriations, 


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1 or be funded by a combination of fees, security charges, 

2 and appropriations. 

3 SEC. 10. REPORT ON PREVENTING EXPLOSIVES FROM EN4 TERING FEDERAL FACILITIES. 

5 Not later than 1 year after the date of enactment 

6 of this Act, the Secretary shall submit a report to the ap7 propriate congressional committees on the feasibility, ef8 fectiveness, safety and privacy implications of the use or 

9 potential use of available methods to detect or prevent ex10 plosives from entering Federal facilities, including the use 

11 of additional canine teams, advanced imaging technology, 

12 or other technology or methods for detecting explosives. 

13 SEC. 11. SAVINGS CLAUSE. 

14 Nothing in this Act, including the amendments made 

15 by this Act, shall be construed to affect— 

16 (1) the authorities under section 566 of title 28, 

17 United States Code; 

18 (2) the authority of any Federal law enforce19 ment agency other than the Federal Protective Serv20 ice; or 

21 (3) any authority of the Federal Protective 

22 Service not specifically enumerated by this Act that 

23 is in effect on the day before the date of enactment 

24 of this Act. 

Æ 


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